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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Child tax credits with 50/50 shared custody

44 replies

Snowwhite1983 · 15/01/2019 19:24

My soon to be ex husband and I have decided to go for shared parenting, with an exact 50% split of the time with our little daughter, so there is no primary care give. He is a high earner, I receive child benefits, child tax credits and working tax credits. If he applied, he would not receive any of that. However, he insists on his right to apply every second year just so that I won't get any support in that time.
My question is: If he were to apply for universal credit next year and would not get any, could I continue to claim my CTC and WTC?
TIA

OP posts:
KittiKat · 15/01/2019 19:45

Wow! I hope you let your daughter know when she grows up that he intentionally wanted you to financially struggle! What does he gain from this apart from control over you?

Changeisahead · 15/01/2019 19:47

They are phasing out CTC and WTC. it will only be universal credit in a couple of years. Whatever you do don't stop your CTC or WTC if you do you will be forced to go on UC. Any change in claim for CTC OR WTC credit goes onto UC this is what happened to me.

I was under the impression it doesn/t matter what he does and vise versa, I could be wrong.

If you are separated they are separate claims you are separated for a reason, if they base it on your x all the time what was the point of getting divorced.

If he is the higher earning will he even get any support.

Anyone else. If I stop earning my UC I would not have an income at all and he wont support me with any money for the children.

Its a bit like Child Benefit that goes to the mum I believe. Unless the dad has full custody of course

Anyone else

Original poster
Snowwhite1983 · 15/01/2019 19:52

Yeah, I know they are phasing out WTC and WTC, but in our area this wont happen for a good while unless a new claim is made.
No, he wont get any benefit, it's only him making sure I dont get it. I rang the office who deals with WTC and CTC and asked what would happen if he were to apply and not receive anything - would I then be allowed to claim. They said the same, not to revoke my claim, but they could not tell me what would happen if he were to apply for UC.

OP posts:
Original poster
Snowwhite1983 · 15/01/2019 19:55

That's exactly it. Total power trip. He even suggested he'll let me claim all the time in exchange for 1/3 of the money. He earns 3 times as much as me!

OP posts:
Aprilshowersarecomingsoon · 15/01/2019 19:55

He is a twat..
Guessing you know that.

ISdads · 15/01/2019 19:59

I have a separate account for both our child maintenance and tax credits to go into (I worked it out using govt maintenance calculator on both our wages. I then get copies of bank statements every month for ex. Would that help?

If not, let govt decide who is main carer in this case (make sure you are claiming cb etc when he puts in alternative claim)

Starlight456 · 15/01/2019 20:00

Just say no. Don’t discuss it.

Changeisahead · 15/01/2019 20:02

Yeah that is what I meant I had a change in circumstances and they moved me onto UC when I finally go back to work even part time, I will be worse off as UC doesn't allow me to earn as much, so what I meant don't have a change in circumstances.

"Him making sure you don't" is this a control thing you mean?

Just let him try he wont get anywhere, UC just doesn't work in the same way as WTC and CTC its all about getting people back into full time work, you have to have work search reviews and all sorts of stuff they don't leave you alone and it a real hassle.

Is your X out of work then?

I really miss being on WTC AND CTC they just paid and left you alone UC as I say is nothing like that.

Original poster
Snowwhite1983 · 15/01/2019 20:05

No, he is not out of work. He is a high earner. His circumstances have not changed. I am also working four days a week, so WTC and CTC are not my sole income but it does help a great deal.
How does the government decide who is the main carer if everything is split 50/50?

OP posts:
IWantMyHatBack · 15/01/2019 20:10

I thought one parent always had to be primary carer?
Who claims child benefit?

Why are you doing 50:50?

Original poster
Snowwhite1983 · 15/01/2019 20:14

I claim CB. I was just quicker than him, plus it would offset with his taxes so he'd be worse off getting it. I also thought one would have to be the primary carer. I have contacted the Child maintenance service, they looked into it and decided he does not have to pay anything as it is an equal share. We decided that because I think it is important a child has both parents. Besides, I stupidly signed a separation agreement when we first split up and I thought we were getting back together.

OP posts:
ISdads · 15/01/2019 20:21

Just keep going with your claim. He can put a rival claim in. Govt then decide who is primary carer. They won't say it is 50:50 for cb, ctc etc. My understanding is that being the person in receipt of cb is a deciding factor. You could get yourself organised over the next year eg who does dentist? Keep proof if you. Gp. Pocket money etc

Aprilshowersarecomingsoon · 15/01/2019 20:32

Please keep all receipts of things you buy /pay for regarding your dd.
Exh was claiming for a dc who had moved ft to me. I sent proof I was the main financial provider. My claim was accepted. Also keep a diary of appointments etc you take dd to.
You signing an agreement you would be fucking skint would be laughed out of court imo.

anotherfail · 15/01/2019 20:43

Good grief. What an utter bastard!

Assume you're not divorced yet? I'd run this past your solicitor. Has he put his 'plan' in writing to you or just verbally?

I think he's on thin ice but a shot across the bows from your solicitor to his might stop his nasty and frankly malicious attitude.

Original poster
Snowwhite1983 · 15/01/2019 20:45

yeah, I do all the gp runs, she is registered with my dentist as well, mainly because i dont work on fridays and can schedule everything for then. He has been to my dentist once with her and to a&e when he was visiting. In terms of spending, there is not much to keep receipt for. She's only 1.5 and I buy most things second hand.
He is now threatening to go for sole custody as apparently he has proof that I have been with someone else after we separated but still married to him. He's totally trying to scare me into submission

OP posts:
Changeisahead · 15/01/2019 20:50

So lets get this straight he the higher earner and he wants your benefits what a twat the person above is right, but we all know you know that I have one too so you are not alone.

UC is not paid to people on a high income it is for those on part time wage low income and out of work. Just call his bluff they wont give it to him, Id just ignore him easier said than done, I have a ex that plays games with me everyday. Its toxic for everyone involved and dreadful

good luck don't play the game then he has no one to play with.
My ex tries to control everything I don't play and he moves onto something else, its a hook and a bit of mental imbalance I feel. My girls are beginning to see through, I have a new partner now and he keeps me sane!

SD1978 · 15/01/2019 20:53

Even with 50/50- is there not still a provision for CMS if one parent earns significantly more to ensure that the child is financially cared for appropriately at both residences? He's being a twat. I hope you have a great lawyer for the divorce since he's being such an arsehole at the moment.

Changeisahead · 15/01/2019 21:00

Yes SD1978 is right it is not about the 50/50 it is about being fare, and any court will make sure you things are equal, this is the problem with setting up an agreement together, someone makes the rules and you feel you have to abide. He cannot be the higher earner, you be on a low wage which is topped up with benefits and then you lose them, that's what I said right in the beginning, you claim in your once right.

Good luck whatever happens the law is far and equal, I took great pride in remind my x this evening that if our case going to court at least the judge will be fair because my x certainly isn#t

Original poster
Snowwhite1983 · 15/01/2019 21:03

I just dont know if going through teh court is worth the hassle. I will have huge lawyers bill (earn just a little bit too much for legal aid) which will consume the payout I will get for the house. I dont think a court will make him pay maintenance if CMS has already decided he is not due to do so, so I really dont have much to gain by going to court.

OP posts:
Original poster
Snowwhite1983 · 15/01/2019 21:05

I will ring UC tomorrow and ask them what the process is if two people claim for the same child and one is not entitled to support.

OP posts:
Changeisahead · 15/01/2019 21:19

ok let me explain, UC is based on the adults circumstances on income and circumstances so it is available for unemployed or people on a low income to top up your salary, it is not available for people who earn money, ie your ex/ The child element of UC pays out for how ever many kids you have, check the gov website in actually fact it is really easy to understand what UC actually is and how it works, you can only get on low income or unemployed.

With regard to court you don't need a solicitor to present to court, you can do it yourself many on here have, all it does is give you a written confirmation of what is agree, or you can just get a consent order drawn up. I of course don't know your whole situation you ex is in or what other games he may play. ie He cannot make the rules up, he cant earn lots more money than you, and then try to take your benefits, it would be a very unfair system if he did/ I sorry to say I think he is trying to scare you but please don't quote me as I say I don't know your situation fully or you or him. As I said just carry on with you WTC and CTC don't what ever you do change to UC, so to do that you would have to have a change income and be reassessed, for WTC and CTC, don't let there be any changes hope that helps its comeing from someone who has had that happen to them. My Ex earns 5 times more than I could ever earn and there is no hope of him get my UC, as its all I have.

SD1978 · 15/01/2019 21:20

So what financial split is he offering? Plus if you can show a history of coercive/controlling behaviour through written communication, could the separation agreement not be nulled? Take into account not juts the house sale, but assets and pension. Don't settle juts because he's being obstructive- this isn't for you, it's for your daughters future xx

Original poster
Snowwhite1983 · 15/01/2019 21:32

I just did the calculation UC versus WTC/CTC and UC pays a quarter! I wont be taken my child off my claim, regardless of what he tries!
I am hoping the agreement can be nulled, but I am not too confident the written proof of him Coercing is enough. Not many assets to speak of, the house, which he got evaluated (showed me the evaluation but refused to have a second one done and says his offer is final). We were only marrieed fo 1.5 years, so pension will not be much to speak of. The ONLY thing he is offering is 2K for the one day a week I take off work to look after our daughter (but if i decide to go to work I have to pay nursery for that day until the 2k are used up). He only offers that in exchange of me not going after his pension.
He did have about 20K in savings when we split which he (and indeed my solicitor) say are his as he earned much more than me and it is in his account, not the joint account.

OP posts:
Original poster
Snowwhite1983 · 15/01/2019 21:35

At Changeisahead: Do you have shared custody with your ex? If not, then obviously you will always get UC no matter what. We are 50/50 so I am only entitled to claim half, ie. every second year.

OP posts:
Changeisahead · 15/01/2019 21:55

Hi Snowwhite,

I am sorry I don't think that is right, please check with UC it is very different to WTC and CTC it is paid to me because I am unemployed, and decreases if I work more hours that figure I get may change if I receive child support payments from my EX yes that is taken into account, on the UC application they don#t even ask about how much you have kids they just ask if you receive any other income, its a income based benefit.

Hope you get on but do let me know, what they say. I have a really difficult case worker based in Ireland who is so unhelp so I am not asking him not if I don't have to, LOL

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